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HomeMy WebLinkAbout02/04/1976:.I:"t Ci CdCiL 0r TONN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California IHWIBS OF A REGULAR MELTING Wednesday, February 4, 1976 cc: Reel 84, Side 1, Tr. 1 - 001 -End; Side 2, Tr. 1 - 001-365 ar Mayor t 7: OP.M. i Leslie n theecouncil Chamberslled the ofTown Hall: of the City Council to order a A. ROLL CALL: Present: Councilman Cheney, Councilwoman Miller, Mayor Pro Tem Helgesson Absent: Councilman McReynolds, Mayor Grabowski Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alex Russell, Town Planner Ken Pastrof, Commissioner Schick for Planning Commission, Deputy City Clerk Norma Hislop Press: San Jose Mercury -News - Ms. Becky Lavaly B. CONSENT CALEDDAR: `, At the request of Mrs. M. Saviano, applicant, Item B2a was removed from the Consent Calendar refor oral ofseparate Itemconsideration, and Mr. Ray Rossi, apPli- cant, requested Deputy Clerk Norma Hislop corrected the evening's Agenda, stating that under Item B2 of the Consent Calendar, the recommended action by the Variance $ Permit Commission had not been a denial of the request for a. variance, but rather that the motion to approve had died for lack of a second. Councilwoman Hiller moved, seconded by Councilman Cheney and unanimously carried to approve the item remaining on the Consent Calendar, specifically: 1. Approval of Warrants: $23,626.94 ITS S REN`AVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 2. Actions of Variance & Permit Commission: a) LANDS OF SAVIANO, File MVar. 7024-75, J. Hannnnd, Engr.; Notion to approve request for variance from setback line requirements failed for lack of second. Mrs. Saviano, applicant, addressed Council, stating, that she did not feel the request for a variance had been given a fair hearing before the Variance 8 Permit Commission, in that one member had abstained from participation in the matter due to a possible conflict of interest. CITY COUNCIL MINUTES - February 4, 197< ` ITEMS RE,UVED FROM THE CONSENT CALENDAR (Cont'd): IMM OF SAVI" - REQUEST FOR VARIANCE (Cont'd): Mrs. Saviano stated that seventeen neighbors had been notified of their request for a variance for the installation of a tennis court, and there had been no objections, verbal or written concerning the matter. She noted that the neighbor above her had expressed concern regarding the retaining wall, and the variance would preclude having, to cut into that hill, which was his main concern. She felt that all six requirements listed in the Municipal Code for the obtaining of a variance had been met. Council discussed alternatives for resolving this appeal, giving the appli- cant the choice of going back to the Variance & Permit commission fora re- hearing on the matter with a full body who could act m the request; going directly to the Planning Commission; postponing the matter until it could be heard before the entire Council; or hearing the matter this evening. cowdiscussion eiscgrand Mrs. e oncensusas ohear thmatter thevennin,with the consent of the applicants. Town Planner Ken Pastrof presented an overview map of the subject property, indicating the boundaries of the proposed tennis court, and the small area t which, at a later time, might be utilized as a site for a swinming Pool. 6W lie noted the only concern expressed by surrounding property owners was from I7r. Abrahms over possible grading into the existing bank and the sound carrying uphill. Commissioner Schick stated that, at the time the request was before the Commission, two of the members had suggested that if the variance were granted a stipulation be placed on the hours the court mi&al be used. Mfrs. Saviano stated that the concern over possible noise and lighting was raised at the original meeting; that the final concensus of neighbors was there would be no objections since there would be no night lighting. Mr- Saviano also stated that he would work with a landscape planner to insure a proper visual buffer for the proposed court. Speaking from the Floor: Mrs. J. Carico Chairman Plannin Commission: Stated that, because the Variance & ermit Comnussion consist o ee Planning Commissioners, two members made a quorum. Mrs. L. Gould Ortega ]hive: Requested that Councilwoman Miller speak more erectly into er mtcmphone because she found it difficult to hear her at times on the tapes of the meetings. rs. Alma Wood Stonebrook Drive: Suggested possibility of applicant Pur- 2ing a itional property, us eliminating the need for a variance. ikr -2- CITY COIPICIL MINR'ES - February 4, 19% LANDS OF SAVIANO (Cont'd): In response to the statement from the Floor by Mrs. Could, Councilwoman Miller stated that she was not here to listen to personal attacks, and requested that when such attacks were made, that they be made through the Chair. Payor Pro Tem stated that he would request the same rules of pro- cedure from both sides. After further discussion between applicant, Staff and Council Members con- cerning landscaping and fencing planned, Councilman Cheney moved, seconded by Councilwoman huller to grant the variance from set -back lines for a tennis court, LANDS OF SAVIANO, File NVar.7024-75, subject to conditions as recommended by Staff in the Report dated January 8, 1976. Motion carried by the following roll call vote: AYE: Councilman Cheney, Councilwoman Miller NO: Councilmen Helgesson ABSENT: Councilman PtReynolds, Mayor Grabowski ABSTAIN: NONE b) LANDS OF ROSSI, File BBSA6064-75, D. Ahlgren, Engr.: Commission recommended approval of request for building site approval subject to conditions recommended by Staff and amended at the meeting of 1/29/76. Mr. Ray Rossi, applicant, stated that he wished to address three items as they appeared in the Staff Report on subject property, specifically, Items 4, 6 a) and b), and as amended by Commission action on 1/29/76. Item 4, that the Town Historian be notified prior to any excavation on the property for the purpose of retaining any artifacts which mqy be unearthed during excavation (Condition shown as amended by Variance �; Permit Commission): Mr. Rossi appealed this condition, stating that, based on the information he had gathered, he did not believe the land on which he wished to build his home was ever the site of the Juan Prado Mesa Adobe. He said he would have no objections to an archaeologist inspecting any excavations if it were at the Town's expense, but did not wish to pay for these services when he did not feel this was the site location. Mr. Crowe pointed out that the question before Council this evening was a request for building site approval only, and not relative to the designation of the property as a historical site. He said that the property had been designated a Historical Point of Interest by the Town, and the Town must proceed on that basis as required by Ordinance. The agreement or disagree- ment with the Town was another issue which should be handled accordingly. Por. Rossi stated he had no objections to having a plaque on his property designating a historical site, but objected to having to pay for an archaeologist. -3- CITY COUNCIL 11IN'UFES - February 4, 1976 LANDS OF ROSSI (Gont'd): Conmissioner Schick, representing the Planning Commission, spoke regarding the actions of the Variance B Permit CemmissiOn, and the stipulation for an archaeologist to inspect the excavation had been made in conformance with the kJzdcipal Code. Discussion ensued between applicant and Council members in relation to the extent of such an archaeological investigation. In response to Council- man Cheney's question, 14r. Crowe noted that any archaeologist must be approved by the Town. City Attorney Frank Gillio advised Council that if belrecstated; that thondition as ere apppeared todid beat misunderstandingt of as t Council' extent of the required investigation. Councilman Cheney moved to amend the additional condition imposed by the Variance 6 Permit Commission by their action of January 29th as follows: "Naiver of the requirement for an Environmental Impact Report, with the condition that prior to construction the applicant obtain the services of a qualified archaeologist to examine the site during the course of exca- vation to reasonabl insure that an traces of archaeological interest will not go un etecte ." C tion s y sslon action to Stan s it rearms, Crnncilman Helgesson seconded the motion which carried unanimously by roll call vote. ,Item 6 a), pertaining to the dedication of a 10' path easement along the northeasterly boundary of subject property: Item 6 southeasterly rbo borders of the propeto the rty connecting patheasement Avenue along the hir. Dexter Ahlgren, Engineer for the applicant, requested a modification to the pathway conditions. He felt that condition 6 a) would be better addressed when the lands came in for subdivision. He recom. nded the re- moval of condition 6 b) , stating that the pathway did not go anywhere, and that property owners in the area should be heard before any decision was made on such a pathway requirement. Commissioner Schick stated that the pathway recommendations had come to the Commission from the Pathway Committee, and the Chairman was in the audience, and might present the Committee's views. Mrs. Elizabeth Fiksdahl, Chairman of the Pathway Committee, addressed Council regarding the Committee's rationale, pointing out the present pathway along Sunnerhill, which was along the top of the bank. The concern of the Comaittee was the possibility of future erosion problems which might eliminate the pathway. Item 6 b) dealt with a pathway to St. Nicholas school. Meakin from the Floor: Air. J. in Twome President of the St. Nichols Schoolard: Board in avor o pa y at is tome, ani e property -4- CITY COUNCIL =NG - Februa,,; 4,. 1^76 LANDS OF ROSSI (Cont'd): subdivision, the matter would be fully addressed at that time. Mrs. J. Carico, Planning Commission Chairman: Noted dangerous intersection here, and expressed concern for the school children if an adequate pathway were not provided. Commissioner Schick also noted that the Commission had requested that the neighbors directly concerned be notified of the meeting this evening in order to hear their views if they had any objections. Mrs. Ma hood Suuaerhill Ave.: Discussed damage to her plants and the school r rens use o er rveway, which she did not appreciate; that they used the easiest line of approach to the school, and wondered if the Pathway Committee would be willing to clean up the area. A petition was also presented to Council, signed by five families in the area opposing the southeasterly pathway easement. Councilman Cheney moved, seconded by Councilwoman Miller and carried unanimously by roll call vote to delete the requirement for a 10' path ease- ment along the southeasterly border (Item 6 b), until such time as the subject property is subdivided. Councilman Cheney moved, seconded by Mayor Pro Tem Helgesson and unanimously 4Vcarried to amend Item 6 a) to require a temporary easement for pedestrian and equestrian path purposes, ten feet in width from the existing road right- of-way until such time that property tomos in for subdivision. jvpT'ION SECONDED AND CARRIED: Councilman Cheney moved, seconded by Mayor Pro Tem Helgesson to approve the items removed from the Consent Calendar as amended (above). tbtion carried unanimously. ITETIS TAKEN OUr OF ORDER AS THEY APPEAR 014 THE AGIIJDA BECAUSE OF TIM FACTOR: E. SPECIAL ORDERS: 1. public Hearing: ordinance for Introduction. Ordinance k amending Los Altos Hills A4micipal Code to establish a public facilities zone. (First Reading): City Attorney Frank Gillio explaned that the ordinance before Council this evening had been prepared at Council direction because of citizen requests for such zoning. He stated that such a public facilities zone gave the Town more control over uses allowed on property owned by Special Districts, government, or any other public district. As an example, he pointed out that if a school district wished to use land owned within the Town as a maintenance yard, it could only be allowed in conjunction with classroom use. �✓ Commissioner Schick, representing the Planning Commission noted that this ordinance had been considered by the Commission and they had unanimously -5- LA CITY COUNCIL MINUTES - FObn3ay q, 1976 SPECIAL REPORTS: voted to recommend to Council against adopting such an ordinance, the reason being that it was the Commission's opinion that such a zoning would neither strengthen or enhance the present 1 cipal Code. Mayor Pro Tem Helgesson declared the Public Rearing open at 10:37 P.M. Speaking from the Floor: D7r. La Giller Vinedo Lane: Stated he had been one of the proponents of su an finance. e e t some of the wording might be corrected, since he felt the object of such an Ordinance was to restrict the property to its present, or current use. He noted the problems faced ansthe Tow esdownithe zens to influence the School Districts in their propo Pl schools within the Town. He felt the actions of the District were arbitrary, ed and that it was up to the Council to protect its otdiis evening,zens. He �andtfelt certain wording changes to the ordinance as prop this would give the citizens a chance to negotiate withers School Districts the Districts. to provide services to the residents, who were paying taxes Districts. rl er s statement and expresbeu developed, that it might become necessary, at some time lands were sold and in the future to purchase additional land to erect another building at much 4 higher prices. Adobe Lane: Felt Town might be stepping out of bounds to r1r. Dick Oliver, were a purview of the School Districts. e ecusrons rc DIrs. Lucille Gould Ortega Court: Agreed with t1r. Oliver's statement. She the Fremont bills note t e alo to ool District planned to retain in the future. Did not feel school with the possibility that it may re -open time to proceed in this matter. enough information was available at this but also felt that the proposed Ordinance She sympathized with proponents, had too many loop -holes. Mrs. J. Carico Chairman Plannin Commission: Thought that in adopting would not accomplish what rs mance, ane er law a create which it set out to accomplish. Reiterated his statement that the School Mr. Larry Giller Vinedo Lane: the needs of the residents of the Town, Drstrrcts were not respon g to r of land influence them seemed conseidered and the only way to requested that any loop -holesobeforeeCoumcil use. He also adopting such an ordinance. that Mks. T. Schick Weston Road: Speaking as a private citizen, stated lelection timeeatntheway fluence themewould be atn tc shecfeltotherTown could polls. At the request of Councilman Cheney, Mr. Gillio reviewed the proposed Ordinance. -6- P CITY COUNCIL MINUTES - February 4, 1)76 AW si-mr. 0'.':':::-W: (Cont'd) After further discussion, Council concensus was that the City Attorney should change some of the definitions and more clearly define the uses permitted. Mr. Gillio agreed to revise the proposed Ordinance and then present it to Council for further review and consideration. 2. Request for relief from conditions of approved check list, LANDS OF HAYWARD, File #TM2004-73, P. Nowack, Engineer: Mr. Dick Oliver, representing the applicant, spoke regarding the request for relief from tentative map check list conditions #2 and #3 relative to storm drain improvements for the proposed subdivision. He noted that the down -stream owners were not anxious to have improvements put in, and also pointed out that the water came onto the subject property from up -stream. He stated that the applicant had attempted to get easement from adjoining property owners for the installation of a storm drain, but they were un- willing to grant such an easement; that the applicant had made every effort to comply with the conditions, and was now asking relief from these con- ditions. Mr. Crowe informed Council that he had approached the property owners, and they had not wished to discuss any granting of such easements. He noted that, as part of the Town's storm drain improvements, plans had been drawn `, up for the Barron Creek area, and that he, the City Engineer, and Council- man Helgesson had met with property owners in the area to discuss the proposed improvements. After it was learned that the City of Palo Alto did not approve this design, another plan was submitted which met with their approval, but at this point, and to this date, the easements required for the installation of the storm drain were not signed by the property owners. Discussion ensued between Staff, Mr. Oliver and Council members regarding alternative approaches to resolve these problems, among them the possibility of filing condemnation procedures and having the developer pay for all costs involved. Another location discussed for the storm drain was the property line between the Bittman and Boardnes property, with minimum impact on those properties since it would be within the area required for a future road. Council also wished clarification from the City Attorney as to the Town's liability should relief from such conditions be granted and flooding then occurred, and Mr. Russell, City Engineer, stated that he could not approve an improvement plan that would concentrate water at a specific location at a specific point. t1r. D. Stoddard, speaking for Mrs. Hayward, pointed out that the flooding problem was not on the Hayward property,but at the street level, and Mr. Oliver said they would be willing, to put underground lines in for drainage with the provision that they be reimbursed at the time the subdivision is developed. 4 Councilman Cheney moved, seconded by Councilwoman Piller and carried unanimously to grant relief from check list condition #3, LANDS OF HAYWARD. -7- CITY COUNCIL 11INUTES - Febnm,y ", 1976 SPECIAL ORDERS - LANDS OF HAYWARD (Cont'd): After further deliberation by Council, it was the concensus to continue Item 2 to another meeting, and Staff was directed to meet with the owner and come back to Council with precise plans and specific engineering solutions which would resolve the drainage problems outlined therein as an alternative to that specific condition. The applicant so agreed. 3. Request for Tentative P4ap Revision, LANDS OF UNURER, File #2023-75: Town Planner Ken Pastrof noted that the map before Council this evening was the original map submitted by the applicant, which Council had requested to review at their last meeting. He said the applicant was requesting a 28' right of way to the properties, and that the road be kept as a private road. After review and discussion, Councilwoman Miller moved, seconded by Council- man Cheney and carried tw;l +usly by roll call vote, to approve the revised map, LANDS OF MAURER, File #TM2023, with the exemption to Section 9-4.601 (a), with the modifications to the Staff Report of June 19, 1975 contained in the supplemental Report of January 30, 1976. 4. Award of Traffic Safety Contract: L A7r. Crowe noted that this item had been held over from last council meeting 4r in order that Council might review the proposal of Nolte Associates. He said that based on the proposals received, he had recommended that the con- tract be awarded to the firm of TJKM, who had submitted the lowest price, which was also the recommendation of the Traffic and Public Safety Committee. Mrs. Goldsmith requested a clarification of the Minutes on page 8, Item 4, under the Award of the Traffic Safety Contract. She asked that the Minutes reflect that her Committee urged that the work recently completed by the firm of TJKM be considered for its worth before Council made a decision. J Counsel discussed the relative costs involved in Staff travel and the time involved by virtue of one firm being based in San Jose and the other in Walnut Creek. Councilman Helgesson asked about the proposal received from TJKM. Mr. Crowe said he thought that Couicil had already received a copy of that proposal for review. Councilwomm Hiller also agreed that she would like to see the proposal before she made any decision. Mr. Crowe said that he their next meeting,copy to each annd Council so agree holdcil HeMber rthe maatterOverru untilrposes for that time. 5. Request for exemption from subdivision moratorium, LANDS OF NORTH, APN 182-18-002: Mr. Crowe noted that the Planning Commission had recommended that the request ikw for exemption from the subdivision moratorium be granted to the applicant, -a- 4 4W CITY COUNCIL MINUTES - Febrczry 4, 1976 SPECIAL ORDERS LANDS OF NORM (Cont'd): on the condition that the pertinent portions of the proposed revised subdivision Ordinances are complied with. Mr. John Clegg, Engineer for the applicant, requested from Council that if the request were granted, that the map submitted for exemption be permitted to be used as the tentative map. Council was of the opinion that such a ruling could not be made at this time and action t�hereforedtey couces ld ottyet been rule on whethertted sucharmpublic p woould bei acceptable. Councilwoman Miller moved, seconded by Councilman Cheney to grant the re- quest for exemption from the subdivision moratorium subject to there 1976. quirements of the Planning Commission at their meeting of January 2 Motion carried unanimously. 6. Request for extension of time for filing final map, LANDS OF DAWN RIDGE ESTATES, File NTM405-73: Mr. Crowe explained that a letter had been received from Iona Consultants Tr an extension of time for six months for the filing of the Final trap of subject property, and that the Town had on hand at this time a certificate of deposit in the amount of $20,000, which was the estimated improvement costs for the subdivision. councilwoman Miller moved, seconded by Councilman Cheney and carried un- animously by roll call vote to grant the requested extension of time for filing the Final Map, LANDS OF DAWN RIDGE ESTATES, File NTT1405-73, or until August 21, 1976. F ORAL ORDERS AND UNFINISHED BUSINESS: 1. Request to conduct Championship Race (Arming) within Town boundaries, and the use of Town Hall facilities: Mr. Crowe noted that a letter had been received from the Pacific Association of Amateur Athletic Union requesting permission to conduct a 15 kilometer race within the Town. Council expressed concern over possible traffic problems, who would super- vise the race, and conjestion which might result because of different types of traffic such as horses, bicycles; also Council was concerned as to whether people in the area of the proposedg Councilman Cheney moved, seconded by Councilwoman Miller and unanimously carried to deny the request of the Pacific Association of Amateur Athletic Union. 0 CITY COU CIL MINUTES - February 4, 1976 v (,' OZAL ORDERS (Cont'd): 2. Consideration of endorsing one-half cent sales tax over -ride of Santa Clara County Transit District: Mr. Donald Spencer, Moody Court: Thought County was in need of a transit system, but did not feel the sales tax was the proper method of approaching the problem. In terms of the number of riders using the system, he thought the tax unreasonable. He urged Council not to endorse the proposed tax. Councilman Helgesson explained the purpose of the tax, which was to supply the matching finds in order for the County to continue to receive State and Federal assistance for mass transit. Commissioner Schick stated that she did not feel that Council should ever endorse or oppose an item that would appear on the ballot, but that it should be left to the descretion of the individual voter. Councilman Cheney moved, seconded by Councilman Helgesson to endorse the proposed one-half cent sales tax override of the Santa Clara County Transit District. Motion carried by the following roll call vote: AYE: Councilman Cheney, Councilman Helgesson NO: Councilwoman Miller ABSENT: Councilman McReynolds, Mayor Grabowski ABSTAIN; NONE 3. Grand water extraction rate charge for next five years by Santa Clara County: Mayor Fro Tem Helgesson, who is the Town's representative to the Santa Clara Valley Water Commission, reported to Council on the Commission's actions of last meeting, where it had been decided that no decision would be made on the charges proposed by the District until each representative could present the recommended changes to the cities for approval or disapproval. Mayor Helgesson felt the charges were reasonable based on supporting evidence, and he recommended that Council approve the changes. He also noted that, at the present time, this would not affect the Town, since Purissima Hills Water District supplied water here. After further discussion, Councilman Cheney moved, seconded by Councilwoman Miller to instruct the Town's representative to inform the District that the Town was not in favor of the proposed rate increase in basic water charges of the District. Motion carried by roll call vote, Mayor Helgesson dis- senting. ExECUTIVE SESSION: At the request of the City Attorney, Council adjourned to an Executive (Litigation) Session at 12:15 A.M. H . ADJODWU4T: Council adjourned the Regular Meeting at 12:35 A.M. J%W Respectfully submitted, Norma J. Hislop Deputy City Clerk 10-